Advisory Opinion: 961

Year Issued: 1986

RPC(s): RPC 1.5(a); 1.5(e)

Subject: Attorney fee; fee for probating estate as percentage of value of estate; division of fees

Upon reviewing your inquiry, the Committee was of the opinion the proposed fee arrangement as presented by you would not be a contingent fee but rather would be a fee based solely upon a percentage of the value of the estate. The Committee was of the opinion that prior to entering into any such fee splitting agreement, you would have to comply with RPC 1.5(e) regarding the sharing of fees between lawyers, and in addition, the amount of the fee must be reasonable as defined in RPC 1.5(a). The Committee asked that I direct your attention to the recent case of Estate of Larson, 103 Wn.2d 517, 694 P.2d 1051 (1985).

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.